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Week in Review—February 4 , 2011

Note to Readers: This newsletter appears daily, but we know some of you don’t always have the time to read it everyday. For your convenience, here’s a re-publication of what we covered this past week. Daily, weekly, or anything in between, we’re pleased to keep you informed with the latest tips, news, and advice on […]

Ruling supports firing pot smokers despite Colorado law

The Colorado Court of Appeals has upheld an employee’s firing for off-duty marijuana use, despite medical and recreational use of the drug being allowed under state law. A quadriplegic employee who used marijuana under the state’s medical marijuana amendment filed a lawsuit after he tested positive for drugs in violation of company policy and was […]

Declining Retirement Plans: Will There Be More Fiduciaries in the Future?

Plan sponsors who watched their retirement investments get buffeted by recent recessionary storms have had few ERISA remedies against broker dealers who led them to poor-performing funds. The sole recourse under ERISA for plan members was to sue the plan sponsor who relied on the advice, rather than against the professional financial expert who gave […]

News Notes: Commercial Driver Random Alcohol Testing Rules Revised

Under federal Department of Transportation rules, if you employone or more commercial drivers who operate certain types of vehicles, you must comply with detailed drug and alcohol testing, training and record keeping regulations. As of January 1, 1998, the percentage of drivers you’re obligated to randomly test for alcohol use has been lowered from 25% […]

News Notes: Cop’s Sexually Explicit Videos On Internet Amounted To Protected Speech

San Diego police officer John Roe claimed his free speech rights were violated when he was fired for selling sexually explicit videos of himself on the Internet. The Ninth Circuit explained that a public employee’s speech is protected and cannot be abridged without good cause when it touches on a matter of “public concern” rather […]

News Notes: Health Care Costs Expected To Jump In 1999-2000

Health care premiums are predicted to rise as much as 12% in the coming 12 months, according to a new survey by the human resource consulting firm Buck Consultants. Although managed care has come under attack recently for failing to live up to its promise of keeping health care costs in check, health maintenance organizations […]

News Notes: Million-dollar Verdict in Family Leave Case

A Los Angeles jury ordered Sony to pay $1.4 million to Klaus Wang, a company technician for more than 14 years who was fired when he returned to work following a California Family Rights Act medical leave. Sony argued that Wang was terminated for poor job performance and the decision to fire him was made […]